Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Part 9.1 - Serious drug offences  

Division 313 - Defences and alternative verdicts  

SECTION 313.2   313.2   Defence - reasonable belief that conduct is justified or excused by or under a law  
A person is not criminally responsible for an offence against this Part if:

(a) at the time of the conduct constituting the offence, the person was under a mistaken but reasonable belief that the conduct was justified or excused by or under a law of the Commonwealth or of a State or Territory; and

(b) had the conduct been so justified or excused - the conduct would not have constituted the offence.


A defendant bears an evidential burden in relation to the matter in paragraph (a) (see subsection 13.3(3) ).

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